A letter of representation is often a letter on the AGC that sets out explanations why they should both not charge you, fall expenses against you or search for a specific sentence from the courtroom.
In theory, you'll be able to send as quite a few letters of representation as you prefer, but usually an attorney would ship between one–3, based on the strategic considerations that will apply on your situation. This kind of letter could be despatched at any stage of proceedings from the investigation phase to the sentencing phase.
A letter of representation differs from a mitigation plea. A letter of illustration is addressed on the AGC and seeks their agreement pertaining to some aspect of your scenario.
However, a mitigation plea is a lawful submission tackled to and submitted having a sentencing courtroom with the target of delivering the court Along with the legal and factual bases for that sentence you're trying to find, in instances in which you have already been located guilty.
What Goes within a Letter of Illustration?
Topic reference
A letter of illustration, if created by an attorney, typically opens that has a reference to the person currently being represented in the letter.
If expenses have now been brought from that person, the letter could possibly be captioned by reference to the case amount.
Consequence becoming sought
The letter of illustration will then usually open with a quick statement that describes what consequence to the case the letter will find.
The possible outcomes Which may be sought include the costs remaining dropped, stern or conditional warnings becoming administered or specific sentences getting encouraged towards the courtroom during the occasion of the responsible plea. These letters are sometimes also marked “without having prejudiceâ€.
Explanations for the outcome getting sought
The letter really should then set out the information related to the case that aid the result becoming sought. Depending upon the strategic concerns with your circumstance, the letter might consult with:
Any proof that supports the points upon which you depend to guidance the outcome becoming sought. Copies of these kinds of proof may even be attached on the letter, but the choice on whether or not to attach any proof to your letter is ultimately a strategic a single to get taken by an attorney, having into account all the situations of the circumstance; or
The existence of witnesses who'll corroborate These information. These witnesses may possibly even be discovered in your letter.
Ideally, the letter of representation need to make reference to very similar earlier cases which had resulted in outcomes just like All those that you are seeking, and clarify how These circumstances are analogous (i.e. factually related) on your circumstance.
Your likely subsequent measures
The letter of representation need to then briefly established out your possible future steps, based on regardless of whether AGC accedes to the ask for. These techniques can be to assert demo, plead responsible or make some relevant submission to court for instance.
Gives (if proper)
The letter can, if acceptable, also incorporate presents, with or devoid of an admission of guilt, to carry out other matters such as write an apology and/or pay restitution to your target, or to decide to voluntary Local community programmes for instance counselling or charitable get the job done.
Reservation within your legal rights
The letter, if drafted by an attorney, really should conclude having an acknowledgement that the law firm has recommended you to the lawful outcomes of staying untruthful from the letter and an entire reservation of your respective legal rights.
You might also desire to incorporate an affordable deadline inside of which you count on to receive a response, Even though there is no guarantee the AGC will have any regard to this.
How to Mail the Letter of Illustration also to Whom
These letters are generally despatched in PDF structure through a generic on the internet type maintained from the AGC for this purpose.
If your circumstance is at a complicated phase of proceedings even so, your attorney can also deliver it to a specific prosecutor(s) (or send it to only this kind of specific prosecutor(s)).
What are the Probable Results On Sending a Letter of Representation?
When the AGC decides to accede for your request, They could produce back again to inform you of this and list any disorders for his or her agreement.
Often, they may ship a counter-offer you whereby they provide to suggest a specific sentence into the court docket, or fall one or more costs, if you conform to plead responsible to some or all of the costs, and/or agree to A few other ask for for example having to pay restitution towards the sufferer.
If your AGC is not able to accede in your request, it's possible you'll get a really brief template reaction Singapore criminal lawyer with the AGC stating that, obtaining very carefully considered your representations, These are not able to accede for your ask for.
From time to time, no response is sent, as well as prosecutor will basically mention verbally to the court docket that AGC acquired representations and that they won't accede on the request(s) therein.
—
It ought to be crystal clear from the above that the drafting of the letter of representation is not a straightforward issue of sending a short letter requesting leniency or declaring you're sorry.
There are many requests to take into consideration and a number of permutations of all These requests, many of which may or may not be accessible or correct for you based on the points of the case and also your very own profile.
Only a felony lawyer is ready to meaningfully suggest you on how to ideal advance your pursuits within a criminal investigation or prosecution.
For this reason, In case you are remaining investigated for a criminal offense in Singapore, you must constantly search for authorized advice from the criminal law firm in the earliest probable possibility.